WEST VIRGINIA RECORD

May 30
Summit Pointe Homeowners Association Inc. vs. Bill E. Morton, Sami Metre Ghareeb, Joe. B. Tolley and North Woods Owners Association
PA-R-Mark A. Sadd and Amanda M. Ream; J-Spaulding
* Morton and Ghareeb, developers of the Summit Pointe Subdivision, wrongly authorized or permitted Tolley, unit owners in the North Woods Subdivision, North Woods Owners Association and their invitees, licensees, successors and assigns pedestrian and vehicular traffic from W.Va. 62 over, across, and through the streets and roads of the SPS to the NWS. The increased pedestiran and vehicular traffic by Tolley and the NWS within and upon the common elements of the SPS has caused substantial damage to the streets and roads of the SPS and has greatly disrupted and disturbed the enjoyment and use of the same by the unit owners of the SPS. The Plaintiff requests that the Court order that the authorization by Morton and Ghareeb allowing Tolley and the NWS use of the common elements of the SPS be revoked, award compensatory damages to the Summit Pointe Homeowners Association from the defendants for the injuries that the SPHA is sustaining and continue to sustain, and award SPHA reasonable attorneys' fees and costs for prosecuting their claims hereunder.
Case number: 07-C-157

June 7
Town of Buffalo vs. Eva Cain dba Eva Cain's Trailer Park
PA-R-Harvey D. Peyton, Esquire of Peyton Law Firm; J- Spaulding
* The town of Buffalo says the Defendant violated the Business Registration Tax enacted on April 7, 2003, for the fiscal years commencing July 1, 2004, 2005 and 2006. The Defendant engaged in business activities without obtaining a business registration certificate nor paying the business registration tax. The registration tax for the fiscal years 2004, 2005 and 2006 comes to the aggregate sum of $45, with $50 penalties for each fiscal year. She owes the Town of Buffalo at the rate of 10 percent per anum on each of these past due amounts until the date of payment. The Plaintiff asks the Court to order the Defendant to cease all business activities until she has paid what is owed and applied for and obtained a business registration certificate and paid her business registration tax for the fiscal year beginning on July 1, 2007, as well as awarding its costs and attorney's fees associated with the prosecution of this action.
Case number: 07-C-168

Erie Insurance Company and Casualty Company vs. Joe Carney
PA-R- Josef A. Horter J-n/a
* Erie says Carney, operator of Premium Preowned Auto Inc. in Putnam Co., sold a used motor vehicle to a third party. During the course of the sale, the Defendant committed various acts of fraud, specifically by fraudulently misrepresenting the true condition of the vehicle, promising to make needed repairs to the vehicle which were never made, and chargind the third party $800 for a warranty they never purchased. The cost of repairs the third party had to make to the vehicle were in the amount of $2031.76. The third party then filed suit and recieved a judgment by default in the sum of $3885.35. The third party also filed a Consumer Complaint that invoked the Plaintiff to submit, under the Defendant's surety bond, the $3885.35 to the third party, which was issued in January 2007. Pursuant to the terms of the surety bond, the Plaintiff now seeks judgment against the Defendant in the sum of $3885.35 plus attorney fees and interest from date of payment to present.
Case number: 07-C-169